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Transgender to get ‘male’ status within four weeks
In yet another case enabling a transgender — who underwent sex reassignment surgery from female to male — to change the sex as “male” in school and college records, the Madras high court has issued a directive to change the records within four weeks.
Chennai
Justice N Kirubakaran took note of a report from the Apollo Hospital, which stated that the petitioner had undergone sex-reassignment surgery and became a male biologically on August 27, 2016.
The report also stated that he had undergone all investigation and psycho-legal counselling. “As evident from the records and as certified by the doctor, he has become a full-fledged male both physically and psychologically. In view of the above, the request of the petitioner to change his name and sex from Easwari R to R Vishwanath (name changed) in the education certificates has to be carried out by the authorities within four weeks,” said the judge.
However, observing that the rights of transgenders, who are facing severe stigma in the society must be protected, he also directed the Centre to bring out the pending legislation at the earliest.
He said, “It is high time, the government took serious steps to get the ‘Rights of Transgender Persons Bill’ passed. The bill introduced in 2014 and passed in Rajya Sabha in 2015, is still pending before the Lok Sabha.”
Kirubakaran added, “It is stated that about 4.50 lakh transgenders are in India and the actual number would be 20 lakhs now. Hence, it is high time the Central government took the issue seriously.” He also suo-motu asked secretaries of the Union Health and Family Welfare, Social Justice and Empowerment and Law and Justice as party-respondents in the writ petition. While Assistant Solicitor General S Srinivasan took notice for the newly added respondents, Additional Government Pleader V Anandamoorthy took notice on behalf of state authorities.
The judge also directed the ASG to get answers from the Centre by September 4, as to when the Bill would be passed by the Lok Sabha, as it has been pending before it for more than two years.
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